Media & Communications Policy

Media & Communications Policy

Issues & Developments in the Realm of Communications and Media Policy & the First Amendment

News Corp. CEO Robert Thomson: Telling It Like It Is

Posted in Journalism, Media criticism, Publishing, Uncategorized

It’s not every day that a speech given by a publishing executive is truly noteworthy, but remarks given earlier this month by Robert Thomson, CEO of News Corp., are the exception to the rule.

Speaking on August 13 at Australia’s Lowy Institute for International Policy, Thomson delivered a powerful speech in which he decried, among other things, the business practices of “distribution” companies like Google, the commentariat’s disdain for markets, the theft of intellectual property, and the politically correct mindset of Silicon Valley.

Though now chief executive officer of one of the largest newspaper and publishing companies in the world, Thomson has spent most of his life as a journalist, having earlier in his career been an editor of the Financial Times, The Times newspaper in London, and the Wall Street Journal.  And it’s these experiences that inform his views about the media and more.

Speaking about markets, Thomson had this to say:

When some commentators speak of markets it is in the abstract, slightly pejorative sense – markets are actually an aggregation of collective effort and hope and action….  >> Read More

Trump and the Media

Posted in Journalism, Uncategorized

Far too many people, GOP presidential candidates included, earnestly describe Donald Trump as vulgar, narcissistic, uninformed, or juvenile.  What they don’t realize is that Trump and the media see attributes like these as his good qualities.

The better characterization of Trump and his run for office is that it’s vaudeville; a kind of political Three Stooges, with Trump playing Larry, Curly, and Moe all by himself.

If only, during the recent debate in Cleveland, Trump had waggled two fingers at Megyn Kelly’s eyeballs, or smacked Rand Paul upside the head (“You’re having a hard time tonight,” thwack!) the picture would have been complete.

Some people are wondering how long it will be before one of the networks gives Trump another reality show.  Are they kidding?  He has the biggest reality show of all time right now.  It’s called “The Donald Runs for President.”

Those people who are genuinely supportive of Trump politically (as distinguished from those who are just enjoying the show) may imagine his (and their own) chagrin if, the morning after next year’s election, the headline in the New York Times reads “Running as Independent, Trump Splits Republican Vote: Hillary Clinton Elected.”  >> Read More

The First Amendment and Free Speech Under Assault

Posted in Campus Speech, First Amendment, Free speech, Journalism, Network Neutrality, Uncategorized

If you’re not alarmed by the assault on the First Amendment and free speech generally, you’re not paying attention.

Consider the list of offenses committed by the government.  They range, in recent times, from the Department of Justice’s spying on the phone records of reporters at the Associated Press, to the National Security Administration’s domestic call tracking, and from the IRS’s targeting of conservative nonprofit organizations, to the suggestion by the ranking Democrat on the Federal Elections Commission that political speech on the Internet should be regulated.

Other examples include the Obama Administration’s resistance to Freedom of Information Act requests, as documented in a study by the AP, and the issuance, by the CIA, of a subpoena to James Risen of the New York Times, demanding the identity of one of his confidential sources.

The party-line passage, by the Federal Communications Commission, of its so-called “Net Neutrality” regulations is another example.  In addition to inaugurating the regulation of the formerly unregulated Internet, the Title II approach adopted is certain, as FCC Commissioner Pai has warned, to open the door to attempts to use this regulation for purposes that, both intended and unintended, undermine free speech.

The most recent example of governmental speech suppression is the subpoena served on the online version of Reason magazine by the U.S. Attorney’s Office for the Southern District of New York.  The subpoena, which for a time came with a gag order, demanded to know the identity of a handful of commenters that, angry about the life sentence handed down to the founder of the drug trading site, Silk Road, wrote denunciations of the judge who presided over the trial.

An example of one of the comments that occasioned the U.S. Attorney’s subpoena for the identification of that commenter: “I hope there is a special place in hell reserved for that horrible woman.”

So there it is.  Your taxpayer dollars at work!  And not just by a few bureaucrats, but by a veritable army of them: DOJ, NSA, CIA, IRS, FEC, FCC.  As Everett Dirksen might have put it, an agency here and an agency there, and pretty soon you’re talking about some real government.

Making matters worse and infinitely more depressing is the assault on free speech being committed by people wielding the bludgeon of political correctness, a concept that from the beginning symbolized the very opposite of free speech.

The venues of choice for the PC speech police are mainly the media (social media especially) and college campuses, and 2014 was a banner year for such stuff.

Take, for instance, the petition generated by two “climate change” groups in February of last year.  Having collected 110,000 names, the groups demanded that the Washington Post stop publishing “editorial content denying climate change.”  The Post refused, but the Los Angeles Times happily adopted a policy that was similar to what the groups were demanding.

And then, of course, there are the campuses.  Last year’s examples of campus “disinvitation” campaigns against speakers such as Ayaan Hirsi Ali, Condoleeza Rice, and Christine Lagarde have been widely chronicled, but the beat goes on.

In its 2015 Spotlight on Speech Codes, the Foundation for Individual Rights in Education (FIRE) found that 54 percent of some 400 public colleges and universities it sampled maintain speech codes that violate the First Amendment.

FIRE’s response to this state of affairs has been to create a free speech litigation program that threatens offending colleges and universities with legal action, and the organization has had some notable successes.  But it’s doubtful that legal action alone will put the brakes on a concept that’s never depended on the law for its foundational principles or propagation.

Incubated on campus by activists and ideologues, and disseminated through the media, half-baked theories like “white privilege” and “microaggressions” and practices like “trigger warnings” and “speech codes” need to be challenged in those same venues by arguments based on logic, history, and science.

Absent this, and without congressional action to rein in the out-of-control federal agencies, free speech in the United States is at risk of becoming a dead letter; extant in the Constitution but without force or meaning.

The opinions expressed above are those of the writer and not of The Media Institute, its Board, contributors, or advisory councils. 

Decline of Legacy Media, Rise of the Conservatives?

Posted in Journalism, Media criticism, Publishing, Uncategorized

For the legacy news media, the bad news just keeps on coming.  In recent days, for instance, the Pew Research Center released a piece titled “The Declining Value of U.S. Newspapers,” chronicling the extraordinary decline in the purchase and sale price of major U.S. dailies.

Some of the examples given are so extreme they look like misprints.  The New York Times Co., for instance, purchased The Boston Globe and Worcester Telegram & Gazette for a little over $2.2 billion, and sold them both in 2013 for $71 million – a valuation change of minus 96 percent!

Not far behind are newspapers like the The Philadelphia Inquirer/Daily News, the Chicago Sun-Times and the (Minneapolis) Star Tribune, all of which themselves sold in 2011 and 2012 for around 90 percent less than their earlier purchase prices.

Nor is the challenge to newspapers just an American phenomenon.  Recognizing the importance of the American media, and its similarity to their own challenges, the World Association of Newspapers and News Publishers (WAN-IFRA) is holding its annual World News Congress in Washington June 1 to June 3, only the fifth time in the past 60 years that they have held this event in the United States.

A WAN backgrounder puts the matter succinctly: “The 2015 [Congress] comes at a time when independent news media are under enormous pressure, one that threatens their societal role as the provider of credible news and information to citizens so they can make informed decisions in democratic societies.”  >> Read More

Net Vitality Should Be the Cornerstone of U.S. Broadband Policy

Posted in Broadband, Digital technology, FCC, Media Regulation, Network Neutrality, Uncategorized

By guest blogger PROF. STUART N. BROTMAN, faculty member at Harvard Law School and author of the study Net Vitality: Identifying the Top-Tier Global Broadband Internet Leaders published by The Media Institute.  Prof. Brotman is a member of the Institute’s Global Internet Freedom Advisory Council.  The full version of this article appeared in The Hill on April 24, 2015.

The Federal Communication Commission’s recent Open Internet Order is intended to develop an enforceable regulatory scheme to ensure that net neutrality would be achieved.  One of its rationales is that unless such government intervention is put in place, the United States is likely to slip into the category of Internet also-rans, hurting innovation and our economy as a whole as Internet “fast lanes” and “slow lanes” thwart competition and impede consumer demand.

But how accurate is this perception?  The Internet, after all, is not just a network of networks, but rather a complex ecosystem comprised of applications and content, devices, and networks.  The interdependency of these three pillars creates the rich experience of the Internet, not just in the United States, but all around the world.

And consumer usage patterns continue to be extraordinarily dynamic, as well.  More people now access the Internet through mobile devices, such as smartphones and tablets, than on desktops and laptops tethered in homes, for example.  And more people now rely on apps rather than browsers to get the information and help they need more readily.  Policies premised on fixed residential use of fiber-based broadband do not seem to recognize that these seismic changes already have occurred.  >> Read More

The FCC’s Wheeler of Fortune

Posted in Broadband, Broadcasting, Digital technology, FCC, Media Regulation, Network Neutrality, Uncategorized

LAS VEGAS – Federal Communications Commission (FCC) Chairman Tom Wheeler’s speech yesterday to broadcasters attending the NAB (National Association of Broadcasters) Show here dealt primarily with broadcast-specific subjects.  But as expected, he also used the occasion to tout the Commission’s new Open Internet Order, arguing that broadcasters should support it because, like the must-carry rules, the order “assures that your use of the Internet will be free from the risk of discrimination or hold-up by a gatekeeper.”

To characterize this claim as 100-proof claptrap would be to understate the case.  Put simply, no Internet service provider has, or would have, the tiniest interest in discriminating against anything broadcasters might want to put online.  Indeed, net neutrality is widely embraced by the phone and cable companies.

The real issue is the way in which the FCC – through Title II regulation – proposes to define and enforce net neutrality in the future.

Much has been said about the inefficiencies and investment-reducing effects of Title II regulation, and most all of it is true.  But the less-well-discussed aspect is the potential in it for activist groups and ideologues like Free Press and kindred organizations to exploit this order in attempts to impose certain types of content controls.  >> Read More

Is This What Net Neutrality Is Really About?

Posted in Broadband, Content Controls, Digital technology, FCC, First Amendment, Media Regulation, Network Neutrality, New Media, Uncategorized

Recent congressional hearings held in the wake of the Federal Communication Commission’s (FCC) net neutrality ruling provide a glimpse into what is so deeply wrong with this regulation, and why so many activist groups were behind it.

It’s an aspect of this matter of which you were perhaps unaware while the FCC was considering its regulatory strategy. Perhaps you thought net neutrality meant what was said of it: that it was intended to prevent the blocking or throttling of websites, or of “paid prioritization.”

Silly you.  Actually, those were the interests of those companies — like Google and Netflix — that saw in governmental sway over the Internet commercial benefits for themselves.  But what about those groups and individuals who had political or ideological interests, and who played such outsized roles in the deal?

You know, groups like Free Press, Media Matters, Public Knowledge and New America’s Open Technology Institute?  Or what about the large grant-giving foundations, like Ford, MacArthur, Knight, and George Soros’s Open Society Institute that, in addition to munificently funding third-party net neutrality activists, directly lobbied the FCC themselves?

It should now be clear, even to those who weren’t paying attention earlier, that the primary interest these groups had, and have, in net neutrality is their desire to insinuate government in the regulation of speech on the Internet.  >> Read More

 

The LEADS Act and Cloud Computing

Posted in Digital technology, International Jurisdiction, Uncategorized

Bipartisan legislation, introduced last month in the House and Senate, promises to reform and update the antiquated Electronic Communications Privacy Act (ECPA) and in the process push back against the practice by agencies of government to gain access to personal data stored on U.S. corporation servers abroad.

The legislation, called the LEADS Act, is co-sponsored in the Senate by Sens. Orrin Hatch (R-Utah), Chris Coons (D-Del.), and Dean Heller (R-Nev.), and in the House by Reps. Tom Marino (R-Pa.) and Suzan DelBene (D-Wash.).

Short for “Law Enforcement Access to Data Stored Abroad,” the LEADS Act’s principal improvements on ECPA are in recognizing that U.S. law enforcement may not use warrants to compel the disclosure of customer content stored outside the United States unless the account holder is a U.S. person, and by strengthening the process – called MLATs (mutual legal assistance treaties) – through which governments of one country allow the government of another to obtain evidence in criminal proceedings.

One of the better examples of the need for updating ECPA centers on a government warrant served on Microsoft for the contents of the email of an Irish citizen stored on a Microsoft server in Dublin.  >> Read More

What Changed the FCC Chairman’s Mind?

Posted in Broadband, Cable TV, Digital technology, FCC, Media Regulation, Network Neutrality, Uncategorized

On the occasion last week of the Federal Communications Commission (FCC)’s passage of “net neutrality” regulations, Tom Wheeler, chairman of the Commission, announced that it was “the proudest day of my public policy life.”  It’s not known whether that statement is a reflection of how little Wheeler feels he’s accomplished in life, or an embarrassing attempt to take credit for something that was forced on him.

What we do know is that the regulation that passed with his vote – and those of the other two Democrats on the Commission – was not the much sounder one Wheeler initially proposed, but a radical version that carries within it opportunities for mischief and much worse than that.

So what happened to change Wheeler’s mind?  The most obvious explanation is the interjection of President Obama who, a few weeks before the vote, publicly stated his view that the FCC should subject Internet service providers (ISPs) to utility-like regulation.  This is the explanation for Wheeler’s switch held by most insiders, and there’s no doubt that these FCC commissioners, their notional “independence” notwithstanding, move like earlier ones to the music of their parties and the presidents who appoint them. >> Read More

Who’s Behind the Push for Net Neutrality?

Posted in Digital technology, FCC, Media Regulation, Network Neutrality, Uncategorized

If “net neutrality” were a life form, it would be classified as a simple organism.  And that lack of complexity, as it happens, is its very appeal to certain “progressives,” garden-variety regulators, and large Internet companies, who see in government regulation of the Internet opportunities to cement and extend their franchises.

The brave and gifted Federal Communications Commission (FCC) Commissioner Ajit Pai, and former commissioner Robert McDowell, are doing all they can to point out the many already identifiable problems, as well as potential pitfalls, that line the path of this regulatory nightmare.  Among those problems are higher user fees to consumers, a slowdown in the rate of investment in broadband infrastructure, regulatory creep, and the wrong kind of example to set before foreign dictators and tyrants.

Alas, none of this is likely to deter the three Democratic FCC commissioners, as instructed by the White House, from passing this regulation.

What has not been much discussed in all of this is the role in the promotion of net neutrality played by some of the actors: activist groups like Free Press, Public Knowledge, and Media Matters; huge grant-giving foundations like the Ford, Soros, and Knight foundations; and companies like Google.   >>Read More